Mali Nachum, a partner in the venture, has alleged that the interest payments the actress has received since investing $1 million of her own money into the Todd English-run eatery are in violation of California's lending laws.

Under the current deal, Longoria agreed to put up the one million in exchange for annual interest payments of 8 percent and for a 23.33 percent stake in the company. The equity that Nachum and another investor, Jonas Lawrence, have in Beso would reflect Longoria's increased holding.

But Nachum says he learned that the agreement broke the state's usury law, essentially making Longoria's deal void. He's calling for Beso LLC to bring charges against her in an effort to have any interest payments previously returned, which currently stand at $4.6 million. Nachum is asking for $4 million plus legal fees and the voiding of any future interest payments.

Lawyers for Longoria naturally called Nachum's moves "desperate" and are vowing to fight in court.

The actress seemed ready to put the episode behind her, though.

"It's a New Year and we're making a new start," she said to E!. "This is a great opportunity to begin anew, and I look forward to an exciting and enterprising 2011."

Best LLC filed for Chapter 11 bankruptcy protection last week in an effort to restructure $5.7 million in debt.